- SPECIAL DEVELOPMENT REGULATIONS
This article is intended to provide for recent innovations in development types and uses. Such development, when executed in accordance with the provisions of this article, will provide the community with a wider variety of development types and uses, yet still protect the public health, safety and general welfare.
(Ord. No. 86-4, § 7.09, 6-30-86)
(a)
Earth-sheltered buildings or dwellings are subject to lot area, width, floor area, height, and hard requirements of the underlying zoning district with the following modifications:
(1)
Where an earth-sheltered building substantially alters the natural watershed of the lot, computations for yard area shall be based on measurements from the surrounding cover of earth. In cases where the earth-sheltered building has been made part of the natural terrain, computations for yard area shall be made from the exterior surface of the building.
(2)
Side yard setbacks shall equal the depth of the structure. In no case shall the side yard setback be less than ten (10) feet for earth-sheltered buildings.
(3)
Accessory buildings constructed on top of an earth-sheltered building cannot exceed the height of adjacent principal structures.
(b)
All applications for building permits for earth-sheltered buildings shall be accompanied by a drainage plan.
(Ord. No. 86-4, § 7.09(3), 6-30-86)
Single-family manufactured homes placed on individual lots in R residential districts shall conform to the following design standards.
(1)
Placement of such homes shall be in conformance with all zoning regulations of the district in which they are located.
(2)
The homes shall conform to the Manufactured Home Building Code, as defined in Minnesota Statutes sections 327.31 to 327.35.
(3)
Such manufactured housing shall have a minimum habitable floor area of eight hundred (800) square feet. No such home shall have a width of less than twenty (20) feet.
(4)
Roof lines must have at least a three-twelfths pitch; flat or shed roofs are not permitted.
(5)
Such homes shall be placed on a permanent perimeter foundation. The foundation must meet requirements listed in the Uniform Building Code, as adopted by the state.
(6)
Manufactured homes shall have exterior siding which is of a conventional exterior dwelling-type material.
(Ord. No. 86-4, § 7.09(4)(A), 6-30-86)
Motor vehicle fuel stations and their accessory uses shall be subject to the following standards:
(1)
The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing building or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. For the purposes of architectural appropriateness, each side of the motor fuel station shall be considered a front face.
(2)
The entire site, other than that taken up by structures and landscaping shall be surfaced with bituminous or concrete material to control dust and provide adequate drainage.
(3)
The setback of any overhead canopy or weather protection, free-standing or projecting from the station structure, shall not be less than ten (10) feet from the street right-of-way line, nor less than twenty (20) feet from an adjacent property line.
(4)
Open or dead storage of motor vehicles shall not be permitted for a period of more than forty-eight (48) hours.
(5)
No sales of motor vehicles, trailers and campers is permitted.
(6)
At the boundaries of a residential district or use, the property (including parking areas and driveways) shall be screened in compliance with article VII.
(7)
Renting of recreational vehicles, campers, trailers, or motor vehicles shall be allowed as an accessory use, provided that:
a.
Such is limited to thirty (30) percent of the floor area of the principal use.
b.
The vehicles or rental equipment storage area is fenced and screened from view of any public right-of-way or residential district or use in compliance with article VII.
(8)
All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residential uses. Such lighting shall be in compliance with article VII.
(9)
A curb not less than six (6) inches above grade shall separate motor vehicle service areas from public sidewalks and landscaped yards.
(10)
All signage shall be in compliance with article X.
(11)
Fuel pumps shall be installed on pump islands with proper protection from motor vehicles.
(12)
The following minimum requirements for yards and setbacks, including standards applicable to the underlying zoning district, shall be observed in the development of motor fuel stations:
(Ord. No. 86-4, § 7.09(5), 6-30-86)
(a)
The purpose of this section is to establish provisions for the installation and placement of satellite television antennas. Satellite television antennas, as regulated by this chapter, are dish type antennas greater than one (1) meter (39.37 inches) in diameter used in the reception of television communication signals from orbiting satellites. These antennas shall be allowed to be placed in a position to receive a usable satellite signal in accordance with the provisions of this chapter. Usable satellite signal shall constitute signal strength capable of providing television receiver picture quality equivalent to reception from local commercial stations or cable television.
(b)
If a usable satellite signal is not obtainable, the applicant may request a variance from the appropriate section of this chapter, upon demonstration of such inability to receive a usable satellite signal. The procedures for such a variance shall be in accordance with article II, division 5.
(c)
Installation and location requirements for satellite dish antennas are as follows:
(1)
Satellite television antennas shall be placed in rear or side yards only in all zoning districts. All satellite television antennas shall have set backs from adjacent property lines so that antenna placement and usage will not infringe on neighboring property.
(2)
Satellite television antennas may be placed on the roof of a building in accordance with Uniform Building Code requirements and accepted engineering standards.
(3)
The distance of guy wires or any supportive device for satellite television antennas shall be at least two (2) feet from the property line.
(4)
All satellite television antennas shall be properly grounded and have their electrical wiring securely supported or buried underground in accordance with the National Electrical Code.
(5)
Satellite television antennas placed in required yards shall not exceed a height of twenty (20) feet.
(6)
Not more than one (1) satellite television antenna shall be allowed in any single-family residential zone on any lot less than one-half acre in size. More than one (1) dish may be allowed if the property owner holds a valid amateur radio license and is using the additional dishes for experimentation or non-commercial microwave reception. Any noncommercial satellite television antenna may not exceed twelve (12) feet in diameter.
(7)
In all residential districts, satellite television antennas shall be located and designed to reduce visual impact from surrounding properties and public streets.
(8)
Satellite television antennas used for demonstration or display purposes by commercial entities shall be exempt from the provisions of this chapter for a period of up to thirty (30) days.
(9)
All satellite television antennas must be placed in a permanent foundation within thirty (30) days of operation unless inclement weather makes such placement unobtainable.
(Ord. No. 86-4, § 7.09(6), 6-30-86)
(a)
This division applies to planned unit developments (PUD).
(b)
This article is intended to encourage efficient use of land and public services, and a more flexible means of land development through site design and architecture. These developments may occur on vacant land or in developed areas of the community which require rehabilitation. It is further intended that planned unit developments reflect changes in technology and land development. Development types regulated in this division include:
(1)
Condominiums.
(2)
Townhomes.
(3)
Multi-family dwellings with more than eight (8) dwelling units.
(4)
Residential development of varying densities (i.e. single/multi-family).
(5)
Commercial-residential mixed use developments.
(6)
Planned commercial developments.
(7)
Planned industrial developments and parks.
(Ord. No. 86-4, § 7.09(1)(A), 6-30-86)
The following provisions apply to a planned unit development:
(1)
An application for a conditional use permit shall be filed and processed based upon procedures established by article II, division 4. Planned unit developments shall follow all requirements for conditional use permits.
(2)
The conditional use permit application shall be accompanied by a development plan, drawn to a scale of not more than fifty (50) feet per inch, showing the following:
a.
The entire outline, overall dimensions and area of the tract and location of all roadways and structures on site.
b.
The uses, zoning and ownership of all adjacent properties within one hundred (100) feet of the tract boundaries including the location of all structures thereon and the right-of-way width and travelled width of all adjacent public roadways.
c.
The existing and proposed topography of the tract with contour intervals not greater than five (5) feet.
d.
The location, general exterior dimensions and approximate gross floor areas of all proposed buildings.
e.
The type of each use proposed to occupy each building and the approximate amount of building floor area devoted to each separate use.
f.
The proposed location, arrangement and number of automobile parking stalls.
g.
The proposed location, arrangement and general dimensions of all truck loading facilities.
h.
The location and dimensions of all vehicular entrances, exits, and driveways, and their relation ships to all existing or proposed public streets.
i.
The location and dimensions of pedestrian entrances, exits and walks.
j.
The general drainage system.
k.
The location and dimensions of all walls, fences and plantings designed to screen the proposed district from adjacent uses.
l.
The types of all ground covers.
m.
Standards for exterior finish, exterior lighting, location and type of exterior signs, architectural style, and any other variables which will be controlled in the design of buildings in the development area.
n.
Location and type of storage facilities for waste.
o.
A proposed schedule of construction. If the construction of the proposed planned unit development is to be in stages, then the components contained in each stage must be clearly delineated. The development schedule shall indicate the starting date and the completion date of the total development plan.
(Ord. No. 86-4, § 7.09(1)(B), 6-30-86)
(a)
In order that the purposes of this article may be achieved, the property shall be in single ownership or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this chapter.
(b)
Prior to the use, occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tract, condominium, townhouse, or apartment, a common area, a declaration of covenants, conditions, and restrictions or an equivalent document and a set of floor plans shall be filed with the city. The filing with the city shall be made prior to the filings of said declaration or document or floor plans with the recording officers of the county.
(c)
Approval of the city shall be secured as to the documents described in subsection (b).
(d)
The declaration of covenants, conditions and restrictions, or equivalent document, shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject the properties to the terms of the declaration.
(e)
If applicable, the declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of the association or corporation, which shall maintain all common properties and common areas in good repair and which shall assess individual property owners' proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the city attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control.
(f)
The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the city incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made and, in addition, each such assessment, together with such interest thereon and such costs of collection thereof, shall also be a personal obligation of the person who was the owner of such property at the time when the assessment became payable.
(g)
It is the intent of this division to require subdivision of property simultaneous with application for conditional use. The subdivision and/or platting of land as a planned unit development shall be subject to such requirements for approval and recording with the county register of deeds as have been established by the city.
(h)
Condominiums shall comply to all applicable state statutes regarding their development.
(Ord. No. 86-4, § 7.09(1)(C), 6-30-86)
The following provisions apply to planned unit development:
(1)
Yards.
a.
The front and side yard restrictions at the periphery of the planned unit development site as a minimum shall be the same as imposed in the respective districts.
b.
No building shall be located less than fifteen (15) feet from the back of the curbline along those roadways which are part of the internal street platform.
(2)
Roadways.
a.
Private roadways within the project shall have an improved surface to twenty (20) feet or more in width and shall be so designed as to permit the city fire trucks to provide protection to each building.
b.
No portion of the required twenty (20) feet road system may be used in calculating required off-street parking space.
(3)
Public services.
a.
The proposed project shall be served by city water, sanitary sewer and storm sewer. Fire hydrants shall be installed at such locations as necessary to provide fire protection. All utilities shall be constructed to standards specified by the city engineer.
b.
Where more than one (1) property is served from the same service line, a shutoff valve must be located in such a way that each unit's service may be disconnected by the city. This valve is in addition to the shutoff valve in the street.
c.
Where more than one (1) unit is served by a sanitary sewer lateral which exceeds three hundred (300) feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners' association, or owner.
(4)
Building types. In addition to the conventional type of construction and arrangements of buildings, structures, uses and property as allowed by this chapter, it shall be permissible to cluster, adjoin and attach structures in a row house, townhouse, patio home or similar style of development within the planned unit development. The number of units or structures by density bonus provisions, shall not exceed the number of units or structures allowable under the standard development requirements of the district classification which applies to said property.
(5)
Subdivision and ownership. It shall be permissible within a planned unit development to subdivide properties into lesser size parcels for individual ownership and create common open space areas in undivided proportions under joint ownerships. Such ownership arrangements are commonly defined as condominium and/or cooperative developments. The joint area of the project must, however, conform to the minimum area requirements established for the respective district classification which jointly applies to said property.
(6)
Minimum project size.
a.
Within residential districts there are no minimum area requirements for a planned unit development. All developments must be planned to follow good design practice.
b.
Within a commercial or industrial district a planned unit development shall not be applied to a parcel of land containing less than two and one-half (2½) acres.
(7)
Density bonus. As a consequence of all planned unit development's planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased by five (5) percent. The building, parking and similar requirements for these extra units shall be observed in compliance with this chapter.
(8)
Project initiation. Construction on all planned unit developments must begin within nine (9) months of project approval (conditional use permit issuance). Failure to begin the project within the above stated time voids the permit.
(Ord. No. 86-4, § 7.09(1)(D), 6-30-86)
The review and evaluation of a proposed planned unit development and supportive materials and plans shall include but not be limited to the following criteria:
(1)
Adequate property control is established and provided to protect the individual owner's rights and property values and to define legal responsibilities for maintenance and upkeep.
(2)
The interior circulation plan plus access from and onto public right-of-ways does not create congestion or dangers and is adequate for the safety of the project residents and general public.
(3)
A sufficient amount of usable open space is provided.
(4)
The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding uses.
(5)
The architectural design of the project is compatible with the surrounding area.
(6)
The drainage and utility system plans are submitted to the city engineer and are subject to his approval.
(7)
The development schedule insures a logical development of the site which will protect the public interest and concerned landowners.
(8)
Principal and accessory uses, and requirements are in compliance with the district provisions in which the development is intended.
(9)
The performance standards of this chapter are complied with.
(10)
Planned unit developments in shoreland management areas meet regulations and requirements listed in article VII. Such developments shall be subject to review by the state department of natural resources.
(11)
The provisions of article II, division 4 are considered and satisfactorily met.
(Ord. No. 86-4, § 7.09(1)(E), 6-30-86)
Twinhomes shall be allowed in the R-2 and R-3 residential districts subject to the following:
(1)
The required lot area and width for each dwelling in a twinhome shall be at a minimum one-half of the required lot area and width for a detached single-family dwelling in the underlying zoning districts.
(2)
Each dwelling in a twinhome shall have a front yard of not less than thirty (30) feet, a rear yard of not less than thirty (30) feet, and a side yard of not less than ten (10) feet. Dwellings on corner lots must maintain the corner yard setback required by the underlying zoning district.
(3)
Twinhomes shall be governed by the height and ground coverage regulations for the underlying zoning district.
(4)
Deed restrictions shall be recorded with the property requiring that the structure and yard areas shall have a uniform exterior appearance in terms of color, design and maintenance. These restrictions shall be in the form of a homeowners association or homeowners agreement.
(Ord. No. 86-4, § 7.09(2)(A), 6-30-86)
This section does not apply to twinhomes. Zero lot line dwellings with four (4) or less attached single-family dwelling units shall be subject to the following:
(1)
Zero lot line dwellings may be erected in such a manner that two (2) single-family dwellings share a common rear lot line or that three or four single-family dwellings share common walls with other dwellings, and said walls are located on the rear or the side lot lines.
(2)
The zero lot line dwelling described in subsection (1) shall be permitted uses in the R-2, R-3 and R-4 residential districts and as a conditional use in the R-1 residential district. The zoning standards shall be proportionate to the minimum standards for single-family attached dwellings in the relevant zoning district.
(3)
Zero lot line dwellings with three (3) or four (4) single-family dwellings, which share common walls and said common walls are shared on the side lot lines only, shall be required to provide access to the rear yards of all of the dwellings via a platted public alley.
(4)
Deed restrictions shall be recorded with the property requiring that the structure and yard areas shall have a uniform exterior appearance in terms of color, design and maintenance. These restrictions shall be in the form of a homeowners agreement or homeowners association.
(Ord. No. 86-4, § 7.09(2)(B), 6-30-86; Ord. No. 99-10, 7-12-99)
This division applies to manufactured housing parks.
(a)
Required. It shall be unlawful to develop or extend any manufactured home park unless a valid permit is issued by the office of the city engineer. Approval of such permits shall be made by the city council.
(b)
Applications. All applications for permits shall contain the following information:
(1)
Name and address of applicant.
(2)
Location and legal description of the development.
(3)
Complete site plans for the specific development. The plans should include the topography and grading plan for the site; layout of mobile home lots, roadways and walkways; location of all utilities; drainage plans; location of permanent buildings; landscaping and screening plan; park areas and recreational equipment.
(c)
Review of application. The planning commission shall review all applications for permits issued hereunder and shall hold such hearings as deemed necessary. The findings and recommendations of the planning commission shall be forwarded to the city council for appropriate action.
(Ord. No. 86-4, § 7.09(4)(B)(1)—(B)(3), 6-30-86)
The building official shall make such inspections of manufactured home parks as are necessary to determine satisfactory compliance with this chapter, including the power to enter at reasonable times upon any private or public property for such purpose. It shall be the duty of the park management to give the building official free access to all lots at reasonable times for the purpose of inspection.
(Ord. No. 86-4, § 7.09(4)(B)(4), 6-30-86)
It shall be the duty of every occupant of a manufactured home park to give the owner thereof or his agent or employee access to any part of the park at reasonable times for the purpose of making such repairs or alterations as necessary to effect compliance with this chapter.
(Ord. No. 86-4, § 7.09(4)(B)(4), 6-30-86)
(a)
The person to whom a license for a mobile home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in clean and sanitary condition.
(b)
The park management shall notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this section.
(c)
It shall be the duty of the operator of the manufactured home park to keep a register containing a record of all manufactured home owners and occupants located within the park. The register shall contain the name and address of each manufactured home occupant; the name and address of the owner of each manufactured home and motor vehicle by which it is towed; the make, model, year and license number of each manufactured home and motor vehicle, and the state, territory or country issuing such license; and the date of arrival and departure of each manufactured home. The register shall be available for inspection at all times by law enforcement officers, the building official, public health officials and other officials whose duty necessitates acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of three (3) years following the date of departure of the registrant from the park.
(Ord. No. 86-4, § 7.09(4)(B)(4), (B)(10), 6-30-86)
Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property, health and safety of the occupants. The site should not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion shall be subject to unpredictable or sudden flooding.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
Each manufactured home park shall be of sufficient size to contain at least ten (10) fully-developed lots and required accessory structures and areas.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
The minimum lot area per manufactured home within the park shall be four thousand five hundred (4,500) square feet.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
The minimum lot width per manufactured home shall be forty-five (45) feet. Each lot shall be clearly defined by a permanent marker in the ground.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
Such homes shall be separated from each other and from other buildings and structures by at least twenty (20) feet or the sum of the heights of both units. Manufactured homes placed end-to-end must have a minimum separation of fifteen (15) feet. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak, or covered porch shall, for purposes of separation requirements, be considered to be part of the manufactured home.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
A minimum of five hundred (500) square feet per manufactured home shall be provided for definable play areas and open space within the park. Such areas of open space and play area shall not be areas included within any setback, nor shall they include any areas of less than twenty (20) feet in length or width.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
All manufactured homes shall be located at least thirty (30) feet from any property line abutting a public right-of-way, and at least twenty (20) feet from all other property lines. There shall be a minimum distance of fifteen (15) feet between the manufactured home stand and abutting park road.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
Exposed ground surfaces in all parts of the park shall be paved, or covered with stone, screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust. All parks located adjacent to residential, recreational, commercial or industrial land uses shall provide required screening as defined in section 26-554.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
Cluster development shall be encouraged. The planning commission and city council may modify or vary the required setbacks, lot area and open space requirements in order to accommodate this development. Such developments should use sound planning design in their formulation.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
Notwithstanding the type of development concept used, the maximum density shall be eight (8) manufactured homes per acre.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
One (1) accessory building per individual lot is required to provide outside storage of equipment and refuse. The accessory buildings shall be a minimum of forty-eight (48) square feet and designed of weather resistant material that will enhance the general appearance of the lot.
(Ord. No. 86-4, § 7.09(4)(B)(6), 6-30-86)
(a)
General requirements. All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Such access shall be provided by streets, driveways or other means.
(b)
Park entrance. Entrances to mobile home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street for a distance of one hundred (100) feet from its point of beginning.
(c)
Internal streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following requirements:
(1)
All streets except minor streets shall be a minimum of thirty (30) feet in width from face of curb to face of curb. Streets without curb shall be considered minor streets.
(2)
Dead-end streets shall be limited in length to five hundred (500) feet and shall be provided at the closed end with a cul-de-sac having an outside roadway diameter of at least one hundred (100) feet. All dead-end streets shall be marked with approved signs at the entrance to the dead-end street.
(3)
Minor streets twenty-five (25) feet in width shall be acceptable only if less than five hundred (500) feet long and serving less than eight (8) manufactured homes or of any length if manufactured home lots abut on one (1) side only.
(d)
Car parking. Off-street parking areas for the use of park occupants and guests shall be furnished at a rate of at least two (2) car spaces for each manufactured home lot, of which at least one-half of the spaces may be in compounds. All off-street parking areas shall be paved concrete or bituminous surface or crushed rock treated with oil so it is dust free.
(e)
Required illumination of park street systems. All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:
(1)
All parts of the park street systems, 0.6 footcandle; and
(2)
Potentially hazardous locations, such as major street intersections and steps or stepped ramps, individually illuminated, with a minimum of 0.6 footcandle.
(Ord. No. 7.09, § 7.09(4)(B)(7), 6-30-86)
(a)
Pavements. All streets shall be provided with a paved concrete or bituminous surface. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained, free of cracks, holes and other hazards.
(b)
Grades. Longitudinal grades of all streets shall range between 0.4 and eight (8) percent. Transverse grades (crown) of all streets shall be sufficient to insure adequate transverse drainage. If conditions warrant, an adequate storm sewer system shall be provided to dispose of all runoff water. The storm sewer system may be connected to existing city storm sewer system upon city approval.
(c)
Intersections. Within fifty (50) feet of an intersection, streets shall be at right angles. A distance of at least eighty-five (85) feet shall be maintained between the centerlines of offset intersection streets. Intersections of more than two (2) streets at one (1) point shall be avoided.
(Ord. No. 86-4, § 7.09(4)(B)(8), 6-30-86)
(a)
General requirements. All parks shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual manufactured homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.
(b)
Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four and one-half (4½) feet.
(c)
Individual walks. All manufactured homes shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two (2) feet.
(Ord. No. 86-4, § 7.09(4)(B)(9), 6-30-86)
Each manufactured home lot shall have a four-inch concrete patio with minimum dimensions of nine (9) feet by twenty (20) feet.
(Ord. No. 86-4, § 7.09(4)(B)(10), 6-30-86)
A minimum of one (1) tree per lot is required. In open area park areas, a minimum of twenty (20) trees per acre is required.
(Ord. No. 86-4, § 7.09(4)(B)(11), 6-30-86)
All manufactured homes shall have skirts around the entire trailer made of metal, plastic, fiberglass or comparable, noncombustible material approved by the building inspector and shall be painted to match the appropriate trailer so that it will enhance the general appearance thereof.
(Ord. No. 86-4, § 7.09(4)(B)(12), 6-30-86)
All manufactured homes shall be serviced by the city water and sanitary sewer systems.
(Ord. No. 86-4, § 7.09(4)(B)(13), 6-30-86)
(a)
General requirements. The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities, laundry facilities, indoor recreation areas, and commercial uses supplying essential goods or services for the exclusive use of park occupants.
(b)
Structural requirements for buildings. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather.
(c)
Barbecue pits, fireplaces, stoves and incinerators. Cooking shelters, barbecue pits, fireplaces, woodburning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisances both on the property on which used and on neighboring property, and shall comply with all appropriate ordinances, laws or other regulations.
(Ord. No. 86-4, § 7.09(4)(B)(14), 6-30-86)
The storage, collection and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding, accident or fire hazards or air pollution.
(Ord. No. 86-4, § 7.09(4)(B)(15), 6-30-86)
(a)
Grounds, buildings and structures. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the city health ordinances.
(b)
Parks. Parks shall be maintained free of accumulation of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.
(c)
Storage areas. Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building material shall be stored at least one (1) foot above ground.
(d)
Screens. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.
(e)
Brush, weeds and grass. The growth of brush, weeds and grass shall be controlled to prevent harborage of noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
(Ord. No. 86-4, § 7.09(4)(B)(16), 6-30-86)
Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems and no outside or buried fuel tanks will be allowed.
(Ord. No. 86-4, § 7.09(4)(B)(17), 6-30-86)
(a)
Litter, rubbish, etc. Manufactured home parks shall be kept free of litter, rubbish and other flammable material.
(b)
Fire extinguishers. Portable fire extinguishers rated for classes A, B and C fires shall be kept visible in service buildings and at other locations conveniently and readily accessible for use by all of the occupants and shall be maintained in good operating condition. Their capacity shall not be less than ten (10) pounds.
(c)
Fires. Fires shall be made only in stoves, indoor incinerators, and other equipment intended for such purposes.
(d)
Fire hydrants. Fire hydrants shall be installed if the park water supply system is capable to serve them in accordance with the following requirements:
(1)
The water supply system shall permit the operation of standard city fire hydrants.
(2)
Fire hydrants, if provided, shall be located within thirty (30) feet of any manufactured home, service building or other structure in the park.
(Ord. No. 86-4, § 7.09(4)(B)(18), 6-30-86)
Wind energy conversion systems shall be permitted in the A agricultural district, B-4 business districts, I-1 and I-2 industrial districts.
(Ord. No. 86-4, § 7.09(7)(A), 6-30-86)
A valid building permit shall be obtained before installation of a wind energy conversion system. Such systems must comply with Uniform Building Code standards (as adopted by the state), standards listed in this division, and accepted engineering standards.
(Ord. No. 86-4, § 7.09(7)(B), 6-30-86)
(a)
No part of any wind energy conversion system may, at any time, extend over any property line. This includes the full arc area created by any rotor (blade/wind collector) used in the system.
(b)
No part of any wind energy conversion system or any equipment used in connection therewith or connected thereto shall be constructed or maintained in or upon any drainage or utility easements.
(c)
No such system shall be constructed within twenty (20) feet laterally of any overhead power line (excluding secondary electrical service lines or service drops). Setback from underground distribution lines shall be at least five (5) feet.
(d)
No such system shall be located within two hundred (200) feet of a residential use or R residential district.
(Ord. No. 86-4, § 7.09(7)(C), 6-30-86)
(a)
No supporting tower for a wind energy conversion system shall exceed a height of one hundred (100) feet, measured from the base of the tower to the highest point of the tower, or highest extension of the rotor, whichever is greater. There shall be at least thirty-five (35) feet between the lowest arc made by the rotor and the ground.
(b)
A wind energy conversion system's tower shall be self-supporting (such as a latticed, tubular steel, or octahedron tower). The tower and tower foundation shall be designed to resist two (2) times the wind uplift calculated pursuant the Uniform Building Code as adopted by the state. Calculations documenting such compliance shall be provided and attested to by the manufacturer and installer.
(c)
Wind energy conversion systems utilizing a rotary blade shall not have an arc diameter greater than thirty-three (33) feet.
(d)
Such systems shall be equipped with an automatic overspeed control device.
(e)
Such systems shall be adequately grounded and designed to withstand lighting strikes.
(f)
Electrical equipment and connections on wind energy conversion systems shall comply to all applicable state and local government regulations.
(Ord. No. 86-4, § 7.09(7)(D), 6-30-86)
(a)
Wind energy conversion system shall be guarded against unauthorized climbing. The first twelve (12) feet of the tower shall be unclimbable by design or be enclosed by a six-foot high nonclimbable fence with a secured access.
(b)
The system shall be designed and operated so as to not cause radio and television interference.
(c)
Such systems shall not exceed noise levels as stated in article VII.
(d)
Interface of a wind energy conversion system's operation with the consumer's electrical service shall be pursuant to all applicable federal and state regulations. The owner shall notify his local electric utility company in advance of said application and shall submit an agreement for co-generation if connected to the electrical utility service.
(Ord. No. 86-4, § 7.09(7)(E), 6-30-86)
- SPECIAL DEVELOPMENT REGULATIONS
This article is intended to provide for recent innovations in development types and uses. Such development, when executed in accordance with the provisions of this article, will provide the community with a wider variety of development types and uses, yet still protect the public health, safety and general welfare.
(Ord. No. 86-4, § 7.09, 6-30-86)
(a)
Earth-sheltered buildings or dwellings are subject to lot area, width, floor area, height, and hard requirements of the underlying zoning district with the following modifications:
(1)
Where an earth-sheltered building substantially alters the natural watershed of the lot, computations for yard area shall be based on measurements from the surrounding cover of earth. In cases where the earth-sheltered building has been made part of the natural terrain, computations for yard area shall be made from the exterior surface of the building.
(2)
Side yard setbacks shall equal the depth of the structure. In no case shall the side yard setback be less than ten (10) feet for earth-sheltered buildings.
(3)
Accessory buildings constructed on top of an earth-sheltered building cannot exceed the height of adjacent principal structures.
(b)
All applications for building permits for earth-sheltered buildings shall be accompanied by a drainage plan.
(Ord. No. 86-4, § 7.09(3), 6-30-86)
Single-family manufactured homes placed on individual lots in R residential districts shall conform to the following design standards.
(1)
Placement of such homes shall be in conformance with all zoning regulations of the district in which they are located.
(2)
The homes shall conform to the Manufactured Home Building Code, as defined in Minnesota Statutes sections 327.31 to 327.35.
(3)
Such manufactured housing shall have a minimum habitable floor area of eight hundred (800) square feet. No such home shall have a width of less than twenty (20) feet.
(4)
Roof lines must have at least a three-twelfths pitch; flat or shed roofs are not permitted.
(5)
Such homes shall be placed on a permanent perimeter foundation. The foundation must meet requirements listed in the Uniform Building Code, as adopted by the state.
(6)
Manufactured homes shall have exterior siding which is of a conventional exterior dwelling-type material.
(Ord. No. 86-4, § 7.09(4)(A), 6-30-86)
Motor vehicle fuel stations and their accessory uses shall be subject to the following standards:
(1)
The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing building or area so as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. For the purposes of architectural appropriateness, each side of the motor fuel station shall be considered a front face.
(2)
The entire site, other than that taken up by structures and landscaping shall be surfaced with bituminous or concrete material to control dust and provide adequate drainage.
(3)
The setback of any overhead canopy or weather protection, free-standing or projecting from the station structure, shall not be less than ten (10) feet from the street right-of-way line, nor less than twenty (20) feet from an adjacent property line.
(4)
Open or dead storage of motor vehicles shall not be permitted for a period of more than forty-eight (48) hours.
(5)
No sales of motor vehicles, trailers and campers is permitted.
(6)
At the boundaries of a residential district or use, the property (including parking areas and driveways) shall be screened in compliance with article VII.
(7)
Renting of recreational vehicles, campers, trailers, or motor vehicles shall be allowed as an accessory use, provided that:
a.
Such is limited to thirty (30) percent of the floor area of the principal use.
b.
The vehicles or rental equipment storage area is fenced and screened from view of any public right-of-way or residential district or use in compliance with article VII.
(8)
All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residential uses. Such lighting shall be in compliance with article VII.
(9)
A curb not less than six (6) inches above grade shall separate motor vehicle service areas from public sidewalks and landscaped yards.
(10)
All signage shall be in compliance with article X.
(11)
Fuel pumps shall be installed on pump islands with proper protection from motor vehicles.
(12)
The following minimum requirements for yards and setbacks, including standards applicable to the underlying zoning district, shall be observed in the development of motor fuel stations:
(Ord. No. 86-4, § 7.09(5), 6-30-86)
(a)
The purpose of this section is to establish provisions for the installation and placement of satellite television antennas. Satellite television antennas, as regulated by this chapter, are dish type antennas greater than one (1) meter (39.37 inches) in diameter used in the reception of television communication signals from orbiting satellites. These antennas shall be allowed to be placed in a position to receive a usable satellite signal in accordance with the provisions of this chapter. Usable satellite signal shall constitute signal strength capable of providing television receiver picture quality equivalent to reception from local commercial stations or cable television.
(b)
If a usable satellite signal is not obtainable, the applicant may request a variance from the appropriate section of this chapter, upon demonstration of such inability to receive a usable satellite signal. The procedures for such a variance shall be in accordance with article II, division 5.
(c)
Installation and location requirements for satellite dish antennas are as follows:
(1)
Satellite television antennas shall be placed in rear or side yards only in all zoning districts. All satellite television antennas shall have set backs from adjacent property lines so that antenna placement and usage will not infringe on neighboring property.
(2)
Satellite television antennas may be placed on the roof of a building in accordance with Uniform Building Code requirements and accepted engineering standards.
(3)
The distance of guy wires or any supportive device for satellite television antennas shall be at least two (2) feet from the property line.
(4)
All satellite television antennas shall be properly grounded and have their electrical wiring securely supported or buried underground in accordance with the National Electrical Code.
(5)
Satellite television antennas placed in required yards shall not exceed a height of twenty (20) feet.
(6)
Not more than one (1) satellite television antenna shall be allowed in any single-family residential zone on any lot less than one-half acre in size. More than one (1) dish may be allowed if the property owner holds a valid amateur radio license and is using the additional dishes for experimentation or non-commercial microwave reception. Any noncommercial satellite television antenna may not exceed twelve (12) feet in diameter.
(7)
In all residential districts, satellite television antennas shall be located and designed to reduce visual impact from surrounding properties and public streets.
(8)
Satellite television antennas used for demonstration or display purposes by commercial entities shall be exempt from the provisions of this chapter for a period of up to thirty (30) days.
(9)
All satellite television antennas must be placed in a permanent foundation within thirty (30) days of operation unless inclement weather makes such placement unobtainable.
(Ord. No. 86-4, § 7.09(6), 6-30-86)
(a)
This division applies to planned unit developments (PUD).
(b)
This article is intended to encourage efficient use of land and public services, and a more flexible means of land development through site design and architecture. These developments may occur on vacant land or in developed areas of the community which require rehabilitation. It is further intended that planned unit developments reflect changes in technology and land development. Development types regulated in this division include:
(1)
Condominiums.
(2)
Townhomes.
(3)
Multi-family dwellings with more than eight (8) dwelling units.
(4)
Residential development of varying densities (i.e. single/multi-family).
(5)
Commercial-residential mixed use developments.
(6)
Planned commercial developments.
(7)
Planned industrial developments and parks.
(Ord. No. 86-4, § 7.09(1)(A), 6-30-86)
The following provisions apply to a planned unit development:
(1)
An application for a conditional use permit shall be filed and processed based upon procedures established by article II, division 4. Planned unit developments shall follow all requirements for conditional use permits.
(2)
The conditional use permit application shall be accompanied by a development plan, drawn to a scale of not more than fifty (50) feet per inch, showing the following:
a.
The entire outline, overall dimensions and area of the tract and location of all roadways and structures on site.
b.
The uses, zoning and ownership of all adjacent properties within one hundred (100) feet of the tract boundaries including the location of all structures thereon and the right-of-way width and travelled width of all adjacent public roadways.
c.
The existing and proposed topography of the tract with contour intervals not greater than five (5) feet.
d.
The location, general exterior dimensions and approximate gross floor areas of all proposed buildings.
e.
The type of each use proposed to occupy each building and the approximate amount of building floor area devoted to each separate use.
f.
The proposed location, arrangement and number of automobile parking stalls.
g.
The proposed location, arrangement and general dimensions of all truck loading facilities.
h.
The location and dimensions of all vehicular entrances, exits, and driveways, and their relation ships to all existing or proposed public streets.
i.
The location and dimensions of pedestrian entrances, exits and walks.
j.
The general drainage system.
k.
The location and dimensions of all walls, fences and plantings designed to screen the proposed district from adjacent uses.
l.
The types of all ground covers.
m.
Standards for exterior finish, exterior lighting, location and type of exterior signs, architectural style, and any other variables which will be controlled in the design of buildings in the development area.
n.
Location and type of storage facilities for waste.
o.
A proposed schedule of construction. If the construction of the proposed planned unit development is to be in stages, then the components contained in each stage must be clearly delineated. The development schedule shall indicate the starting date and the completion date of the total development plan.
(Ord. No. 86-4, § 7.09(1)(B), 6-30-86)
(a)
In order that the purposes of this article may be achieved, the property shall be in single ownership or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this chapter.
(b)
Prior to the use, occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tract, condominium, townhouse, or apartment, a common area, a declaration of covenants, conditions, and restrictions or an equivalent document and a set of floor plans shall be filed with the city. The filing with the city shall be made prior to the filings of said declaration or document or floor plans with the recording officers of the county.
(c)
Approval of the city shall be secured as to the documents described in subsection (b).
(d)
The declaration of covenants, conditions and restrictions, or equivalent document, shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject the properties to the terms of the declaration.
(e)
If applicable, the declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of the association or corporation, which shall maintain all common properties and common areas in good repair and which shall assess individual property owners' proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the city attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control.
(f)
The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the city incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made and, in addition, each such assessment, together with such interest thereon and such costs of collection thereof, shall also be a personal obligation of the person who was the owner of such property at the time when the assessment became payable.
(g)
It is the intent of this division to require subdivision of property simultaneous with application for conditional use. The subdivision and/or platting of land as a planned unit development shall be subject to such requirements for approval and recording with the county register of deeds as have been established by the city.
(h)
Condominiums shall comply to all applicable state statutes regarding their development.
(Ord. No. 86-4, § 7.09(1)(C), 6-30-86)
The following provisions apply to planned unit development:
(1)
Yards.
a.
The front and side yard restrictions at the periphery of the planned unit development site as a minimum shall be the same as imposed in the respective districts.
b.
No building shall be located less than fifteen (15) feet from the back of the curbline along those roadways which are part of the internal street platform.
(2)
Roadways.
a.
Private roadways within the project shall have an improved surface to twenty (20) feet or more in width and shall be so designed as to permit the city fire trucks to provide protection to each building.
b.
No portion of the required twenty (20) feet road system may be used in calculating required off-street parking space.
(3)
Public services.
a.
The proposed project shall be served by city water, sanitary sewer and storm sewer. Fire hydrants shall be installed at such locations as necessary to provide fire protection. All utilities shall be constructed to standards specified by the city engineer.
b.
Where more than one (1) property is served from the same service line, a shutoff valve must be located in such a way that each unit's service may be disconnected by the city. This valve is in addition to the shutoff valve in the street.
c.
Where more than one (1) unit is served by a sanitary sewer lateral which exceeds three hundred (300) feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners' association, or owner.
(4)
Building types. In addition to the conventional type of construction and arrangements of buildings, structures, uses and property as allowed by this chapter, it shall be permissible to cluster, adjoin and attach structures in a row house, townhouse, patio home or similar style of development within the planned unit development. The number of units or structures by density bonus provisions, shall not exceed the number of units or structures allowable under the standard development requirements of the district classification which applies to said property.
(5)
Subdivision and ownership. It shall be permissible within a planned unit development to subdivide properties into lesser size parcels for individual ownership and create common open space areas in undivided proportions under joint ownerships. Such ownership arrangements are commonly defined as condominium and/or cooperative developments. The joint area of the project must, however, conform to the minimum area requirements established for the respective district classification which jointly applies to said property.
(6)
Minimum project size.
a.
Within residential districts there are no minimum area requirements for a planned unit development. All developments must be planned to follow good design practice.
b.
Within a commercial or industrial district a planned unit development shall not be applied to a parcel of land containing less than two and one-half (2½) acres.
(7)
Density bonus. As a consequence of all planned unit development's planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased by five (5) percent. The building, parking and similar requirements for these extra units shall be observed in compliance with this chapter.
(8)
Project initiation. Construction on all planned unit developments must begin within nine (9) months of project approval (conditional use permit issuance). Failure to begin the project within the above stated time voids the permit.
(Ord. No. 86-4, § 7.09(1)(D), 6-30-86)
The review and evaluation of a proposed planned unit development and supportive materials and plans shall include but not be limited to the following criteria:
(1)
Adequate property control is established and provided to protect the individual owner's rights and property values and to define legal responsibilities for maintenance and upkeep.
(2)
The interior circulation plan plus access from and onto public right-of-ways does not create congestion or dangers and is adequate for the safety of the project residents and general public.
(3)
A sufficient amount of usable open space is provided.
(4)
The arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding uses.
(5)
The architectural design of the project is compatible with the surrounding area.
(6)
The drainage and utility system plans are submitted to the city engineer and are subject to his approval.
(7)
The development schedule insures a logical development of the site which will protect the public interest and concerned landowners.
(8)
Principal and accessory uses, and requirements are in compliance with the district provisions in which the development is intended.
(9)
The performance standards of this chapter are complied with.
(10)
Planned unit developments in shoreland management areas meet regulations and requirements listed in article VII. Such developments shall be subject to review by the state department of natural resources.
(11)
The provisions of article II, division 4 are considered and satisfactorily met.
(Ord. No. 86-4, § 7.09(1)(E), 6-30-86)
Twinhomes shall be allowed in the R-2 and R-3 residential districts subject to the following:
(1)
The required lot area and width for each dwelling in a twinhome shall be at a minimum one-half of the required lot area and width for a detached single-family dwelling in the underlying zoning districts.
(2)
Each dwelling in a twinhome shall have a front yard of not less than thirty (30) feet, a rear yard of not less than thirty (30) feet, and a side yard of not less than ten (10) feet. Dwellings on corner lots must maintain the corner yard setback required by the underlying zoning district.
(3)
Twinhomes shall be governed by the height and ground coverage regulations for the underlying zoning district.
(4)
Deed restrictions shall be recorded with the property requiring that the structure and yard areas shall have a uniform exterior appearance in terms of color, design and maintenance. These restrictions shall be in the form of a homeowners association or homeowners agreement.
(Ord. No. 86-4, § 7.09(2)(A), 6-30-86)
This section does not apply to twinhomes. Zero lot line dwellings with four (4) or less attached single-family dwelling units shall be subject to the following:
(1)
Zero lot line dwellings may be erected in such a manner that two (2) single-family dwellings share a common rear lot line or that three or four single-family dwellings share common walls with other dwellings, and said walls are located on the rear or the side lot lines.
(2)
The zero lot line dwelling described in subsection (1) shall be permitted uses in the R-2, R-3 and R-4 residential districts and as a conditional use in the R-1 residential district. The zoning standards shall be proportionate to the minimum standards for single-family attached dwellings in the relevant zoning district.
(3)
Zero lot line dwellings with three (3) or four (4) single-family dwellings, which share common walls and said common walls are shared on the side lot lines only, shall be required to provide access to the rear yards of all of the dwellings via a platted public alley.
(4)
Deed restrictions shall be recorded with the property requiring that the structure and yard areas shall have a uniform exterior appearance in terms of color, design and maintenance. These restrictions shall be in the form of a homeowners agreement or homeowners association.
(Ord. No. 86-4, § 7.09(2)(B), 6-30-86; Ord. No. 99-10, 7-12-99)
This division applies to manufactured housing parks.
(a)
Required. It shall be unlawful to develop or extend any manufactured home park unless a valid permit is issued by the office of the city engineer. Approval of such permits shall be made by the city council.
(b)
Applications. All applications for permits shall contain the following information:
(1)
Name and address of applicant.
(2)
Location and legal description of the development.
(3)
Complete site plans for the specific development. The plans should include the topography and grading plan for the site; layout of mobile home lots, roadways and walkways; location of all utilities; drainage plans; location of permanent buildings; landscaping and screening plan; park areas and recreational equipment.
(c)
Review of application. The planning commission shall review all applications for permits issued hereunder and shall hold such hearings as deemed necessary. The findings and recommendations of the planning commission shall be forwarded to the city council for appropriate action.
(Ord. No. 86-4, § 7.09(4)(B)(1)—(B)(3), 6-30-86)
The building official shall make such inspections of manufactured home parks as are necessary to determine satisfactory compliance with this chapter, including the power to enter at reasonable times upon any private or public property for such purpose. It shall be the duty of the park management to give the building official free access to all lots at reasonable times for the purpose of inspection.
(Ord. No. 86-4, § 7.09(4)(B)(4), 6-30-86)
It shall be the duty of every occupant of a manufactured home park to give the owner thereof or his agent or employee access to any part of the park at reasonable times for the purpose of making such repairs or alterations as necessary to effect compliance with this chapter.
(Ord. No. 86-4, § 7.09(4)(B)(4), 6-30-86)
(a)
The person to whom a license for a mobile home park is issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in clean and sanitary condition.
(b)
The park management shall notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this section.
(c)
It shall be the duty of the operator of the manufactured home park to keep a register containing a record of all manufactured home owners and occupants located within the park. The register shall contain the name and address of each manufactured home occupant; the name and address of the owner of each manufactured home and motor vehicle by which it is towed; the make, model, year and license number of each manufactured home and motor vehicle, and the state, territory or country issuing such license; and the date of arrival and departure of each manufactured home. The register shall be available for inspection at all times by law enforcement officers, the building official, public health officials and other officials whose duty necessitates acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of three (3) years following the date of departure of the registrant from the park.
(Ord. No. 86-4, § 7.09(4)(B)(4), (B)(10), 6-30-86)
Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property, health and safety of the occupants. The site should not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion shall be subject to unpredictable or sudden flooding.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
Each manufactured home park shall be of sufficient size to contain at least ten (10) fully-developed lots and required accessory structures and areas.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
The minimum lot area per manufactured home within the park shall be four thousand five hundred (4,500) square feet.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
The minimum lot width per manufactured home shall be forty-five (45) feet. Each lot shall be clearly defined by a permanent marker in the ground.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
Such homes shall be separated from each other and from other buildings and structures by at least twenty (20) feet or the sum of the heights of both units. Manufactured homes placed end-to-end must have a minimum separation of fifteen (15) feet. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak, or covered porch shall, for purposes of separation requirements, be considered to be part of the manufactured home.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
A minimum of five hundred (500) square feet per manufactured home shall be provided for definable play areas and open space within the park. Such areas of open space and play area shall not be areas included within any setback, nor shall they include any areas of less than twenty (20) feet in length or width.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
All manufactured homes shall be located at least thirty (30) feet from any property line abutting a public right-of-way, and at least twenty (20) feet from all other property lines. There shall be a minimum distance of fifteen (15) feet between the manufactured home stand and abutting park road.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
Exposed ground surfaces in all parts of the park shall be paved, or covered with stone, screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and eliminating objectionable dust. All parks located adjacent to residential, recreational, commercial or industrial land uses shall provide required screening as defined in section 26-554.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
Cluster development shall be encouraged. The planning commission and city council may modify or vary the required setbacks, lot area and open space requirements in order to accommodate this development. Such developments should use sound planning design in their formulation.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
Notwithstanding the type of development concept used, the maximum density shall be eight (8) manufactured homes per acre.
(Ord. No. 86-4, § 7.09(4)(B)(5), 6-30-86)
One (1) accessory building per individual lot is required to provide outside storage of equipment and refuse. The accessory buildings shall be a minimum of forty-eight (48) square feet and designed of weather resistant material that will enhance the general appearance of the lot.
(Ord. No. 86-4, § 7.09(4)(B)(6), 6-30-86)
(a)
General requirements. All manufactured home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Such access shall be provided by streets, driveways or other means.
(b)
Park entrance. Entrances to mobile home parks shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be permitted on the park entrance street for a distance of one hundred (100) feet from its point of beginning.
(c)
Internal streets. Surfaced roadways shall be of adequate width to accommodate anticipated traffic, and in any case shall meet the following requirements:
(1)
All streets except minor streets shall be a minimum of thirty (30) feet in width from face of curb to face of curb. Streets without curb shall be considered minor streets.
(2)
Dead-end streets shall be limited in length to five hundred (500) feet and shall be provided at the closed end with a cul-de-sac having an outside roadway diameter of at least one hundred (100) feet. All dead-end streets shall be marked with approved signs at the entrance to the dead-end street.
(3)
Minor streets twenty-five (25) feet in width shall be acceptable only if less than five hundred (500) feet long and serving less than eight (8) manufactured homes or of any length if manufactured home lots abut on one (1) side only.
(d)
Car parking. Off-street parking areas for the use of park occupants and guests shall be furnished at a rate of at least two (2) car spaces for each manufactured home lot, of which at least one-half of the spaces may be in compounds. All off-street parking areas shall be paved concrete or bituminous surface or crushed rock treated with oil so it is dust free.
(e)
Required illumination of park street systems. All parks shall be furnished with lighting units so spaced and equipped with luminaries placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:
(1)
All parts of the park street systems, 0.6 footcandle; and
(2)
Potentially hazardous locations, such as major street intersections and steps or stepped ramps, individually illuminated, with a minimum of 0.6 footcandle.
(Ord. No. 7.09, § 7.09(4)(B)(7), 6-30-86)
(a)
Pavements. All streets shall be provided with a paved concrete or bituminous surface. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Street surfaces shall be maintained, free of cracks, holes and other hazards.
(b)
Grades. Longitudinal grades of all streets shall range between 0.4 and eight (8) percent. Transverse grades (crown) of all streets shall be sufficient to insure adequate transverse drainage. If conditions warrant, an adequate storm sewer system shall be provided to dispose of all runoff water. The storm sewer system may be connected to existing city storm sewer system upon city approval.
(c)
Intersections. Within fifty (50) feet of an intersection, streets shall be at right angles. A distance of at least eighty-five (85) feet shall be maintained between the centerlines of offset intersection streets. Intersections of more than two (2) streets at one (1) point shall be avoided.
(Ord. No. 86-4, § 7.09(4)(B)(8), 6-30-86)
(a)
General requirements. All parks shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, between individual manufactured homes, the park streets and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided.
(b)
Common walk system. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four and one-half (4½) feet.
(c)
Individual walks. All manufactured homes shall be connected to common walks, to paved streets, or to paved driveways or parking spaces connecting to a paved street. Such individual walks shall have a minimum width of two (2) feet.
(Ord. No. 86-4, § 7.09(4)(B)(9), 6-30-86)
Each manufactured home lot shall have a four-inch concrete patio with minimum dimensions of nine (9) feet by twenty (20) feet.
(Ord. No. 86-4, § 7.09(4)(B)(10), 6-30-86)
A minimum of one (1) tree per lot is required. In open area park areas, a minimum of twenty (20) trees per acre is required.
(Ord. No. 86-4, § 7.09(4)(B)(11), 6-30-86)
All manufactured homes shall have skirts around the entire trailer made of metal, plastic, fiberglass or comparable, noncombustible material approved by the building inspector and shall be painted to match the appropriate trailer so that it will enhance the general appearance thereof.
(Ord. No. 86-4, § 7.09(4)(B)(12), 6-30-86)
All manufactured homes shall be serviced by the city water and sanitary sewer systems.
(Ord. No. 86-4, § 7.09(4)(B)(13), 6-30-86)
(a)
General requirements. The requirements of this section shall apply to service buildings, recreation buildings and other community service facilities, laundry facilities, indoor recreation areas, and commercial uses supplying essential goods or services for the exclusive use of park occupants.
(b)
Structural requirements for buildings. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites, and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather.
(c)
Barbecue pits, fireplaces, stoves and incinerators. Cooking shelters, barbecue pits, fireplaces, woodburning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisances both on the property on which used and on neighboring property, and shall comply with all appropriate ordinances, laws or other regulations.
(Ord. No. 86-4, § 7.09(4)(B)(14), 6-30-86)
The storage, collection and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding, accident or fire hazards or air pollution.
(Ord. No. 86-4, § 7.09(4)(B)(15), 6-30-86)
(a)
Grounds, buildings and structures. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the city health ordinances.
(b)
Parks. Parks shall be maintained free of accumulation of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests.
(c)
Storage areas. Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building material shall be stored at least one (1) foot above ground.
(d)
Screens. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.
(e)
Brush, weeds and grass. The growth of brush, weeds and grass shall be controlled to prevent harborage of noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac, and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
(Ord. No. 86-4, § 7.09(4)(B)(16), 6-30-86)
Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems and no outside or buried fuel tanks will be allowed.
(Ord. No. 86-4, § 7.09(4)(B)(17), 6-30-86)
(a)
Litter, rubbish, etc. Manufactured home parks shall be kept free of litter, rubbish and other flammable material.
(b)
Fire extinguishers. Portable fire extinguishers rated for classes A, B and C fires shall be kept visible in service buildings and at other locations conveniently and readily accessible for use by all of the occupants and shall be maintained in good operating condition. Their capacity shall not be less than ten (10) pounds.
(c)
Fires. Fires shall be made only in stoves, indoor incinerators, and other equipment intended for such purposes.
(d)
Fire hydrants. Fire hydrants shall be installed if the park water supply system is capable to serve them in accordance with the following requirements:
(1)
The water supply system shall permit the operation of standard city fire hydrants.
(2)
Fire hydrants, if provided, shall be located within thirty (30) feet of any manufactured home, service building or other structure in the park.
(Ord. No. 86-4, § 7.09(4)(B)(18), 6-30-86)
Wind energy conversion systems shall be permitted in the A agricultural district, B-4 business districts, I-1 and I-2 industrial districts.
(Ord. No. 86-4, § 7.09(7)(A), 6-30-86)
A valid building permit shall be obtained before installation of a wind energy conversion system. Such systems must comply with Uniform Building Code standards (as adopted by the state), standards listed in this division, and accepted engineering standards.
(Ord. No. 86-4, § 7.09(7)(B), 6-30-86)
(a)
No part of any wind energy conversion system may, at any time, extend over any property line. This includes the full arc area created by any rotor (blade/wind collector) used in the system.
(b)
No part of any wind energy conversion system or any equipment used in connection therewith or connected thereto shall be constructed or maintained in or upon any drainage or utility easements.
(c)
No such system shall be constructed within twenty (20) feet laterally of any overhead power line (excluding secondary electrical service lines or service drops). Setback from underground distribution lines shall be at least five (5) feet.
(d)
No such system shall be located within two hundred (200) feet of a residential use or R residential district.
(Ord. No. 86-4, § 7.09(7)(C), 6-30-86)
(a)
No supporting tower for a wind energy conversion system shall exceed a height of one hundred (100) feet, measured from the base of the tower to the highest point of the tower, or highest extension of the rotor, whichever is greater. There shall be at least thirty-five (35) feet between the lowest arc made by the rotor and the ground.
(b)
A wind energy conversion system's tower shall be self-supporting (such as a latticed, tubular steel, or octahedron tower). The tower and tower foundation shall be designed to resist two (2) times the wind uplift calculated pursuant the Uniform Building Code as adopted by the state. Calculations documenting such compliance shall be provided and attested to by the manufacturer and installer.
(c)
Wind energy conversion systems utilizing a rotary blade shall not have an arc diameter greater than thirty-three (33) feet.
(d)
Such systems shall be equipped with an automatic overspeed control device.
(e)
Such systems shall be adequately grounded and designed to withstand lighting strikes.
(f)
Electrical equipment and connections on wind energy conversion systems shall comply to all applicable state and local government regulations.
(Ord. No. 86-4, § 7.09(7)(D), 6-30-86)
(a)
Wind energy conversion system shall be guarded against unauthorized climbing. The first twelve (12) feet of the tower shall be unclimbable by design or be enclosed by a six-foot high nonclimbable fence with a secured access.
(b)
The system shall be designed and operated so as to not cause radio and television interference.
(c)
Such systems shall not exceed noise levels as stated in article VII.
(d)
Interface of a wind energy conversion system's operation with the consumer's electrical service shall be pursuant to all applicable federal and state regulations. The owner shall notify his local electric utility company in advance of said application and shall submit an agreement for co-generation if connected to the electrical utility service.
(Ord. No. 86-4, § 7.09(7)(E), 6-30-86)